Professional Services Agreement for · 2020-01-15 · 2017 Cleaning Services Agreement Date 23 June 2017 Parties District Council of Robe ABN 26 597 040 498 of Royal Circus (PO Box

2017 Cleaning Services Agreement

Professional Services Agreement for

Cleaning Services


Table of Contents

Page No

Schedule ................................................................................................................................................................ 4 Date ..................................................................................................................................................................... 6 Parties .................................................................................................................................................................... 6 Background ........................................................................................................................................................... 6 Agreed Terms ........................................................................................................................................................ 6 1. Definitions and Interpretation ................................................................................................................... 6

1.1 Definitions .......................................................................................................................................... 6 1.2 Interpretation ...................................................................................................................................... 8

2. Engagement of Contractor ........................................................................................................................ 9 3. Basis of Engagement ................................................................................................................................ 9

3.1 Standing Offer Arrangement .............................................................................................................. 9 3.2 Publicity and Changes ..................................................................................................................... 10

4. Invoicing and Payment ............................................................................................................................ 11 4.1 Payment of Fee ................................................................................................................................ 11 4.2 Reimbursable Expenses .................................................................................................................. 11 4.3 Payment terms ................................................................................................................................. 11 4.4 Effect of payment ............................................................................................................................. 11 4.5 Right of set off .................................................................................................................................. 11

5. Standard and Scope of Services ............................................................................................................ 11 6. Variation to Services ............................................................................................................................... 12 7. Contractor’s Staff .................................................................................................................................... 13 8. Insurance .................................................................................................................................................. 13 9. Ownership of Intellectual Property Rights and Deliverables ............................................................... 14 10. Indemnity and Exclusion of Liability ...................................................................................................... 14 11. Non Performance by Contractor ............................................................................................................ 15 12. Force Majeure .......................................................................................................................................... 15 13. Termination .............................................................................................................................................. 16

13.1 Termination by Council .................................................................................................................. 16 13.2 Termination by Contractor .............................................................................................................. 16 13.3 Accrued rights and remedies ......................................................................................................... 16

14. Confidential Information and Freedom of Information ......................................................................... 16 15. Dispute Resolution .................................................................................................................................. 17

15.1 General .......................................................................................................................................... 17 15.2 Mediation ......................................................................................... Error! Bookmark not defined. 15.3 Arbitration ....................................................................................................................................... 18 15.4 Performance................................................................................................................................... 18

16. Subcontracting and Assigning ............................................................................................................... 18 17. Miscellaneous .......................................................................................................................................... 19

17.1 Special Conditions ......................................................................................................................... 19 17.2 Alteration ........................................................................................................................................ 19 17.3 Entire agreement............................................................................................................................ 19 17.4 Waiver ............................................................................................................................................ 19 17.5 Exercise of power ........................................................................................................................... 19 17.6 Survival .......................................................................................................................................... 19 17.7 Further action ................................................................................................................................. 19 17.8 Governing law ................................................................................................................................ 19 17.9 Ombudsman................................................................................................................................... 20 17.10 Work Health and Safety................................................................................................................. 20


17.11 ICAC .............................................................................................................................................. 20 18. Goods and Services Tax ......................................................................................................................... 20

18.1 Consideration does not include GST ............................................................................................. 20 18.2 Gross up of consideration .............................................................................................................. 20 18.3 Reimbursements ............................................................................................................................ 21 18.4 Tax invoices ................................................................................................................................... 21 18.5 Adjustments ................................................................................................................................... 21

19. Notices ...................................................................................................................................................... 21 20. Costs ......................................................................................................................................................... 22 Annexure A Services ........................................................................................................................ 23 Annexure B Fee ................................................................................................................................ 32 Annexure C Special Conditions ...................................................................................................... 33 EXECUTED as an agreement ............................................................................................................................. 34


Schedule

Item 1 Council

District Council of Robe ABN 26 597 040 498 Fax: 08-8768 2432 Email: [email protected] Phone: 08-8768 2003

Item 2 Contractor

ABN Fax: Email: Phone:

Item 3 Reimbursable Expenses

Not applicable

Item 4 Insurance requirements

Public liability insurance

Company:

Policy:

Expiry: Amount : $20M for any one incident

Item 5 Commencement Date 1 July 2017

Item 6 Termination Date 30 June 2020

Item 7 Council’s Representative

Nick Brown, Deputy Chief Executive Officer and any other person as may be advised by the Council in writing


Item 8 Contractor’s Staff

and any other person as may be approved by the Council in writing

Item 9 Confidential Sections Not applicable

Item 10 Contractor’s Representative

and any other person as may be advised by the Contractor in writing


Date

23 June 2017

Parties

District Council of Robe ABN 26 597 040 498 of Royal Circus (PO Box 1) Robe, SA 5276 (Council) The person specified in Item 2 of the Schedule (Contractor)

Background

A. Pursuant to a Request for Tender process, the Council sought submissions from suitably qualified parties for the Services.

B. The Contractor submitted a tender for the Services, and the Council accepted it.

C. The Contractor agrees to perform the Services on the terms in this agreement.

Agreed Terms

1. Definitions and Interpretation

1.1 Definitions

In this agreement:

Agreement means this agreement and includes the Schedule and the Annexures.

Annexure refers to an Annexure of this agreement.

Authorisation includes any authorisation, agreement, approval, licence, permit, consent, qualification, accreditation, registration, certificate, declaration or exemption and any renewal and variation of them by or with a Governmental Agency.

Background Intellectual Property means Intellectual Property Rights in the Deliverables which were not specifically created as part of the Services (including the pre-existing Intellectual Property Rights of the Contractor and Intellectual Property Rights of third parties).

Clause refers to a clause of this agreement.

Commencement Date means the date specified in Item 5 of the Schedule.

Confidential Information means any documentation or information of a confidential nature supplied by either of the parties to the other in connection with this agreement and includes all


scientific, technical, manufacturing, performance, sales, financial, commercial, contractual or marketing information possessed by each party, but specifically excludes any documentation or information which has been previously published or otherwise disclosed to the general public or is required to be disclosed by Law.

Confidential Sections are those clauses, Schedules and/or Annexures specified in specified in Item 9 of the Schedule that are deemed to be confidential for the purposes of the FOI Act.

Contractor’s Representative means the person specified in Item 10 of the Schedule.

Contractor’s Staff means the people approved by the Council to perform the Services, being those persons specified in Item 8 of the Schedule.

Council means the Council specified in Item 1 of the Schedule.

Council’s Representative means the person specified in Item 7 of the Schedule.

Data means information directly or indirectly relating to this agreement and/or the Services.

Deliverables means all documents, equipment, software, information and Data produced as part of the Services and supplied to the Council as part of the Services.

Fee means the fee payable by the Council for the Services, which is to be determined and reviewed in the manner set out in Annexure B, and which is more specifically set out in each Purchase Order.

FOI Act means Freedom of Information Act 1991 (SA).

Force Majeure Event means an event beyond the reasonable control of the parties which precludes a party from performing on time an obligation under this agreement. Such circumstances include:

(a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster; and

(b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution.

Governmental Agency means any government or any government, semi-governmental, administrative, fiscal or judicial body, commission, authority, tribunal, agency or entity including any self-regulatory organisation established under statute or any stock exchange.


Intellectual Property Rights includes property and rights in respect of or in connection with copyright (including future copyright and rights in the nature of or analogous to copyright), know-how, trade mark, service mark, design, inventions (including patents), business or company names, or other proprietary rights, or any rights to registration of such rights (including all renewals and extensions) whether created before or on or after the agreement.

Law means any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, order, rule or subordinate legislation.

Notice means a notice, demand, consent, approval or communication under this agreement.

Purchase Order refers to any of purchase orders placed by the Council pursuant to clause 3.1 in the form attached at Error! Reference source not found. to this agreement.

Recipient refers to a party who receives a supply pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Reimbursable Expenses means the expenses specified in Item 3 of the Schedule.

Reportable Incident means any accident, injury, property or environmental damage or any potential breach of any Law that occurs during or as a result of this agreement.

Schedule refers to the Schedule of this agreement.

Services means those services which the Contractor is to perform under this agreement, more specifically set out in Annexure A.

Special Conditions mean the special conditions set out in Annexure C, if any.

Standing Offer means the standing offer made by the Contractor to the Council pursuant to clause 3.1.

Supplier refers to a party who makes an supply under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Term means the period starting on the Commencement Date and finishing on the Termination Date.

Termination Date means the date specified in Item 6 of the Schedule, unless this agreement is terminated in accordance with this agreement.

Variation means any change to the Services including any addition, increase, decrease, omission, deletion, demolition or removal to or from the Services.

1.2 Interpretation

In this agreement, unless the context otherwise requires:

1.2.1 headings do not affect interpretation;

1.2.2 singular includes plural and plural includes singular;

1.2.3 a reference to a party includes its executors, administrators, successors and permitted assigns;


1.2.4 a reference to a person includes a partnership, corporation, association, government body and any other entity;

1.2.5 a reference to this agreement includes any schedules and annexures to this agreement;

1.2.6 an agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

1.2.7 an agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

1.2.8 a reference to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it;

1.2.9 a provision is not construed against a party only because that party drafted it;

1.2.10 an unenforceable provision or part of a provision may be severed, and the remainder of this agreement continues in force, unless this would materially change the intended effect of this agreement;

1.2.11 the meaning of general words is not limited by specific examples introduced by ‘including’, ‘for example’ or similar expressions;

1.2.12 an expression defined in the Corporations Act 2001 (Cth) has the meaning given by that Act at the date of this agreement;

1.2.13 an expression defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) has the meaning given by that Act at the date of this agreement.

2. Engagement of Contractor

2.1 The Council engages the Contractor who accepts the engagement for the Term to perform the Services on the terms of this agreement.

2.2 The parties acknowledge that nothing in this agreement creates or infers a relationship between the parties of partnership or employer/employee.

3. Basis of Engagement

3.1 Standing Offer Arrangement

3.1.1 The Contractor hereby irrevocably grants the Council with a Standing Offer during the Term to provide the Services for the Fee at the times requested by the Council.

3.1.2 The Council may place an order for the Services at any time during the Term by sending a Purchase Order to the Contractor.

3.1.3 Each Purchase Order by the Council constitutes an acceptance of the Standing Offer by the Contractor to provide the Services and will constitute an agreement for the


Contractor to provide the Services to the Council in accordance with the Purchase Order and the terms and conditions of this agreement.

3.1.4 The Council is not obliged to request any or any minimum number of Services from the Contractor under this agreement.

3.1.5 The arrangements contemplated by this agreement are not an exclusive arrangement and the Council may, at its discretion, engage other Contractors to provide the Services.

3.1.6 The Services will be provided as and when required by the Council in accordance with a Purchase Order.

3.2 Publicity and Changes

3.2.1 The Contractor must not (without the prior written consent of the Council) advertise, promote or publish in any form, the fact that the Contractor is providing the Services to the Council.

3.2.2 The Contractor must immediately notify the Council in writing of:

3.2.2.1 any change in the financial or technical capacity of the Contractor which a reasonable person would consider adversely impacts upon the Contractor’s ability to provide the Services to the Council; and/or

3.2.2.2 any change in the Contractor’s ownership.


4. Invoicing and Payment

4.1 Payment of Fee

4.1.1 The Council will pay to the Contractor the Fee for the provision of the Services in accordance with the provisions of this agreement.

4.1.2 The Contractor will issue the Council with an invoice at the end of the month in which it provides a cleaning service.

4.2 Reimbursable Expenses

Subject to clause 4.3.2.4, the Council will pay to the Contractor the Reimbursable Expenses directly incurred by the Contractor in the supply of the Services.

4.3 Payment terms

4.3.1 Payment of the Fee and Reimbursable Expenses will be due within 30 days from the end of the month in which the Council receives a correctly rendered tax invoice from the Contractor.

4.3.2 A tax invoice is correctly rendered when it:

4.3.2.1 describes the Services provided and the period to which the Services relate;

4.3.2.2 displays the Council’s Purchase Order number;

4.3.2.3 displays the terms of payment of the Fee described in the invoice;

4.3.2.4 displays the terms of payment of the Reimbursable Expenses and attaches receipts for all Reimbursable Expenses claimed for the period;

4.3.2.5 is addressed to the Council's address specified in Item 1 of the Schedule; and

4.3.2.6 set out in reasonable detail the manner and basis of the calculation of the Fee and Reimbursable Expenses, including the component of GST.

4.4 Effect of payment

A payment of all or part of the Fee is not an acceptance of the Services or a waiver of a right or action of the Council.

4.5 Right of set off

The Council may deduct from amounts otherwise payable to the Contractor any amount due from the Contractor to the Council.

5. Standard and Scope of Services

5.1 The Contractor represents and warrants to the Council that:


5.1.1 all actions and conditions required to be taken, fulfilled and done by it in order to enable it to enter into, exercise its rights and perform its obligations under this agreement have been done; and

5.1.2 all Authorisations required for its entry into, exercise of its rights under, and performance of its obligations under this agreement have been obtained.

5.2 The Contractor must provide the Council with the Services in the manner and at the times or within the timeframe specified in each Purchase Order.

5.3 The Contractor must:

5.3.1 perform the Services with all the skill, care and diligence to be expected from a qualified, competent and experienced provider of services similar to the Services;

5.3.2 devote such of its time and ability as is appropriate and reasonably necessary for the proper and timely performance of the Services;

5.3.3 comply with all Authorisations and all applicable Laws, accepted industry standards, specifications and procedures in the performance of the Services and its obligations under this agreement; and

5.3.4 comply with any reasonable requests of the Council, whether in relation to the manner of the performance of the Services or otherwise.

5.4 The Contractor must supply at its own expense all plant, equipment and facilities required for the performance of the Services and maintain them in a safe and good working condition.

5.5 The Contractor must keep the Council fully and regularly informed as to all matters affecting or relating to the Services and must provide to the Council any information reasonably requested by the Council to monitor the performance of the Contractor’s obligations under this agreement.

5.6 The Contractor must promptly notify the Council of a Reportable Incident within 24 hours of the incident taking place. The Contractor must provide a report to the Council’s Representative giving complete details, including results of investigations into its cause, and any recommendations or strategies for prevention in the future.

5.7 Times for the fulfilment of the Contractor’s obligations under this agreement are essential terms of this agreement.

6. Variation to Services

6.1 The Council may, by written notice to the Contractor, request a Variation to the Services. This may consist of a direction to the Contractor to change the character, quality, scope and/or extent of the Services.

6.2 Subject to clause 6.4, the Contractor must not carry out a Variation unless and until the Council provides to the Contractor a written Variation and the Variation is valued.

6.3 A Variation is valued as follows:

6.3.1 where the Variation can be valued by the application of rates accepted by the Council - by the application of those rates; or


6.3.2 where there are no relevant rates - the Council’s Representative and the Contractor’s Representative may, by agreement, determine a reasonable value.

6.4 If the Council gives the Contractor a written instruction that a matter is so urgent that the Contractor should proceed with the Variation before it is valued, the Contractor may proceed with the Variation and the Variation must be valued afterwards by the Council’s Representative and the Contractor’s Representative.

6.5 If the Council’s Representative and the Contractor’s Representative are unable to reach agreement under clauses 6.3.2 or 6.4, the matter will be resolved under clause 15.

6.6 No Variation invalidates this agreement irrespective of the character or value of the Variation.

6.7 All Variations must be in writing and signed by the Council’s Representative.

7. Contractor’s Staff

7.1 The Contractor acknowledges that the Council enters into this agreement on the basis of the skills, reputation, qualifications, experience and knowledge of the Contractor’s Staff and that the Services must be performed only by the Contractor’s Staff.

7.2 The Contractor may request in writing that the Council approve further people as Contractor’s Staff.

7.3 The Council may, in its absolute discretion, give (conditionally or unconditionally) or withhold such approval.

7.4 The Contractor is responsible for the performance of the Services by Contractor’s Staff and will not be relieved of its obligations or liabilities under this agreement.

7.5 The Contractor is responsible for labour management and industrial relations in respect of the provision of the Services by the Contractor’s Staff.

7.5.1 The Council does not bear or accept any additional costs as a result of the impact of any industrial dispute on the performance of the Services.

7.5.2 In the event of an industrial dispute, the Contractor must take all reasonable steps to ensure the continuation of the Services without adverse impact on the Council.

8. Insurance

8.1 During the Term, the Contractor must maintain all insurances required by Law and this agreement, including:

8.1.1 public liability insurance for the amount specified in Item 4 of the Schedule in respect of any one incident arising during or in consequence of the performance of the Services. The insurance policy must bear an endorsement from the insurer acknowledging the indemnities given by the Contractor under this agreement;

8.1.2 any other insurances specified in Item 4 of the Schedule.

8.2 The Contractor must produce evidence of those insurances to the Council upon request.


8.3 All insurance policies must bear an endorsement from the insurer that it will notify the Council if the policy is cancelled or altered or allowed to lapse.

8.4 The Contractor must not allow any act or omission which would make any policy of insurance void or unenforceable.

8.5 The Contractor must register itself with WorkCover and maintain that registration and pay all levies pursuant to the Workers Rehabilitation and Compensation Act 1986 (SA) at all times during the Term. The Contractor must produce evidence of that registration to the Council upon request.

8.6 The Contractor must ensure that its subcontractors (so long as they have been approved by the Council) comply with this clause.

9. Ownership of Intellectual Property Rights and Deliverables

9.1 The Contractor warrants that the Deliverables will not infringe the Intellectual Property Rights of any person. The Contractor fully indemnifies the Council against any loss, costs, expenses, demands or liability, whether direct or indirect, arising out of a claim by a third party against the Council alleging that the Deliverables infringe any such Intellectual Property Rights.

9.2 The Contractor hereby assigns to the Council all future copyright and all other rights of a like nature in the Deliverables throughout all countries of the world to the intent that such rights will, upon their creation, vest in the Council.

9.3 Subject to clause 9.4, title to all Intellectual Property Rights in the Deliverables (other than copyright vesting in the Council under clause 9.2), will be assigned to the Council upon its creation.

9.4 The Contractor hereby grants the Council a perpetual, royalty-free, non-exclusive licence of Background Intellectual Property, with a right to grant sub-licences, to the extent necessary to use or reproduce in any way the Deliverables.

9.5 The Contractor must do all such things and execute all such forms and documents as are necessary to permit or facilitate the performance of the transactions contemplated by this clause 9.

10. Indemnity and Exclusion of Liability

10.1 The Contractor must indemnify the Council and its employees, officers and Contractors against all claims, demands, expenses, loss or damage in respect of loss or damage to any property, or the death of or personal injury to any person, caused or contributed to by the Contractor, a breach by the Contractor of this agreement, a wilful unlawful or negligent act or omission of the Contractor, and any claim action or proceeding by a third party against the Council or its employees officers and Contractors caused or contributed to by the Contractor.

10.2 This indemnity is reduced by the extent to which the Council contributes to the event giving rise to the claim for the indemnity.

10.3 The Contractor must perform the Services at its own risk in all things and releases the Council and its employees, officers, members and Contractors from all claims, actions, proceedings,


costs, expenses, losses, suffering, and liabilities incurred by the Contractor or its employees, agents, subcontractors and third parties which arise from the performance of the Services.

11. Non Performance by Contractor

If the Contractor breaches a provision of this agreement and fails to remedy the breach within a reasonable time after receiving notice requiring it to do so, the Council may:

11.1 suspend any or all payment of the Fee until the breach is remedied; and/or

11.2 remedy the breach itself whether by the use of the Council's employees or other Contractors and deduct the cost of remediation from any Fee due to the Contractor; and/or

11.3 terminate this agreement in accordance with clause 13.1; and/or

11.4 pursue any other legal remedies available to the Council.

12. Force Majeure

12.1 If a Force Majeure Event causes delay or failure by a party to perform its obligations under this agreement:

12.1.1 neither party is liable for such delay or failure; and

12.1.2 all obligations of a party under this agreement are suspended until the Force Majeure Event ceases to apply.

12.2 A party which is, by reason of a Force Majeure Event, unable to perform any obligation or condition required by this agreement must:

12.2.1 notify the other party as soon as possible giving:

12.2.1.1 reasonably full particulars of the Force Majeure Event;

12.2.1.2 the date of commencement of the Force Majeure Event and an estimate of the time required to enable it to resume full performance of its obligations; and

12.2.1.3 where possible, the means proposed to be adopted to remedy or abate the Force Majeure Event;

12.2.2 use all reasonable diligence and employ all reasonable means to remedy or abate the Force Majeure Event as soon as possible;

12.2.3 resume performance as soon as possible after termination of the Force Majeure Event or after the Force Majeure Event abates to an extent which permits resumption of performance;

12.2.4 notify the other party when the Force Majeure Event terminates or abates to an extent which permits resumption of performance; and

12.2.5 notify the other party when resumption of performance occurs.


12.3 If a delay or failure under this clause exceeds 60 days, the Council may immediately terminate this agreement by written notice to the Contractor. In such circumstances, the Council will be liable to the Contractor only in respect of the Fees properly owing up to the date of termination in respect of the Services (or part thereof) performed to the Force Majeure Event. Without limiting the effect of this clause 12.3, the Council will not be liable to compensate the Contractor for loss of potential profits or other consequential loss incurred by the Contractor arising from termination by the Council pursuant to this clause.

13. Termination

13.1 Termination by Council

13.1.1 The Council may immediately terminate this agreement by giving notice to the Contractor if the Contractor:

13.1.1.1 ceases to carry on business or becomes otherwise unable to perform its obligations under this agreement; or

13.1.1.2 breaches a material or essential term of this agreement and fails to remedy the breach within a reasonable time after receiving notice requiring it to do so; or

13.1.1.3 becomes an externally-administered body corporate or an insolvent under administration; or

13.1.1.4 becomes insolvent or bankrupt.

13.1.2 In such circumstances, the Council will be liable to the Contractor only in respect of the Fees properly owing up to the date of termination in respect of the Services (or part thereof) performed to that time. Without limiting the effect of this clause 13.1.2, the Council will not be liable to compensate the Contractor for loss of potential profits or other consequential loss incurred by the Contractor arising from termination by the Council pursuant to this clause.

13.2 Termination by Contractor

The Contractor may immediately terminate this agreement if the Council breaches a material term of this agreement and fails to remedy the breach within a reasonable time after receiving notice requiring it to do so.

13.3 Accrued rights and remedies

Termination of this agreement under this clause does not affect any accrued rights or remedies of either party.

14. Confidential Information and Freedom of Information

14.1 Each party agrees that it will not use any Confidential Information of the other party or allow any Confidential Information of the other party to be used for any purpose, except for the purposes of and in the manner contemplated by this agreement, and agrees that it will:

14.1.1 keep confidential;


14.1.2 take reasonable steps to ensure that the party’s officers and employees do not disclose to a third party;

14.1.3 maintain proper and secure custody of; and

14.1.4 not use or reproduce in any form;

any Confidential Information belonging to the other party. Any departure from a party’s obligations pursuant to this clause may only be with the written consent of the other party or as required by law or the terms of this agreement.

14.2 The Contractor consents to any disclosures made as a result of the Council complying with its obligations under the FOI Act, subject to any legally required consultation.

14.3 Unauthorised disclosure of any Confidential Sections constitutes a breach of a party’s obligations under this agreement.

15. Dispute Resolution

15.1 General

15.1.1 A party must not commence arbitration or court proceedings (except for urgent equitable or injunctive relief) in respect of a dispute under this agreement, unless it first attempts to resolve the dispute by negotiation and mediation under this clause.

15.1.2 A party claiming that a dispute has arisen under this agreement must give written notice to the other party specifying the nature and details of the dispute.

15.1.3 On receipt of that notice by the other party, the parties must negotiate in good faith to resolve the dispute.

15.1.4 If the parties are unable to resolve the dispute within 10 business days, they must promptly refer the dispute:

15.1.4.1 in the case of the Council to the Chief Executive Officer; and

15.1.4.2 in the case of the Contractor to the Contractor’s Representative.

15.1.4.3 a mediator agreed by the parties; or

15.1.4.4 if the parties are unable to agree a mediator within five business days, a mediator nominated by the President of the Law Society or the President’s nominee.

15.1.5 The role of a mediator is to assist in negotiating a resolution of the dispute. A mediator may not make a decision that is binding on a party unless that party has agreed in writing.

15.1.6 Any information or documents disclosed by a party under this clause:

15.1.6.1 must be kept confidential; and

15.1.6.2 may not be used except to attempt to resolve the dispute.


15.1.7 Each party must bear its own mediation costs. The parties must bear equally the costs of any mediator.

15.2 Arbitration

15.2.1 If the dispute is not resolved within 10 business days of appointment of the mediator, a party may refer the dispute to:

15.2.1.1 an arbitrator agreed by the parties; or

15.2.1.2 if the parties are unable to agree an arbitrator within five business days, an arbitrator nominated by the Chairperson of the South Australian Chapter of The Institute of Arbitrators and Mediators Australia or the Chairperson’s nominee.

15.2.2 A referral to arbitration is a submission to arbitration within the meaning of the Commercial Arbitration Act 2011 (SA).

15.2.3 The party serving the notice of arbitration must lodge with the arbitrator a security deposit for the cost of the arbitration proceedings.

15.2.4 The arbitrator may determine the amount of costs, how costs are to be apportioned and by whom they must be paid.

15.3 Performance

If possible, each party must perform its obligations under this agreement during negotiations, mediation and arbitration proceedings.

16. Subcontracting and Assigning

16.1 The Contractor must not assign or subcontract this agreement or any right or obligation under it without the prior written consent of the Council, which may be granted or withheld by the Council in its absolute discretion.

16.2 With any application for such consent, the Contractor must provide all information required by the Council, including evidence that the proposed assignee or subcontractor is capable of performing the Services to be assigned or subcontracted.

16.3 Unless otherwise agreed in writing by the Council, no such assignment or subcontract relieves the Contractor from any liability under this agreement or at Law in respect of the performance or purported performance of this agreement and the Contractor is responsible for the acts and omissions of any assignee or subcontractor or any assignee's or subcontractor’s employees and agents as if they were the acts or omissions of the Contractor.

16.4 For the purpose of this clause, if the Contractor is a company, an assignment of this agreement includes any change in the beneficial ownership of the share capital of the Contractor, or the resignation, death or appointment of any director of the company, which alters the effective control of the Contractor.


17. Miscellaneous

17.1 Special Conditions

If there is an inconsistency between a Special Condition set out in Annexure C and the rest of this agreement, the Special Condition prevails to the extent of the inconsistency.

17.2 Alteration

This agreement may be altered only in writing signed by each party.

17.3 Entire agreement

This agreement:

17.3.1 constitutes the entire agreement between the parties about its subject matter; and

17.3.2 supersedes any prior understanding, agreement, condition, warranty, indemnity or representation about its subject matter.

17.4 Waiver

A waiver of a provision of or right under this agreement must be in writing signed by the party giving the waiver and is effective only to the extent set out in the written waiver.

17.5 Exercise of power

17.5.1 The failure, delay, relaxation or indulgence by a party in exercising a power or right under this agreement is not a waiver of that power or right.

17.5.2 An exercise of a power or right under this agreement does not preclude a further exercise of it or the exercise of another right or power.

17.6 Survival

Each indemnity, obligation of confidence and other term capable of taking effect after the expiration or termination of this agreement, remains in force after the expiration or termination of this agreement.

17.7 Further action

Each party must do all things necessary to give full effect to this agreement and the transactions contemplated by this agreement.

17.8 Governing law

17.8.1 This agreement is governed by the law in South Australia.

17.8.2 The parties irrevocably submit to the exclusive jurisdiction of the courts in South Australia.


17.9 Ombudsman

The Contractor acknowledges that the Ombudsman Act 1972 (SA) empowers the Ombudsman to investigate matters in the public interest. The Contractor must ensure compliance with all obligations arising under that Act and all applicable Laws.

17.10 Work Health and Safety

In complying with its obligations pursuant to this agreement, the Contractor agrees to: 17.10.1 comply with any environmental requirements of the Council communicated from time

to time by the Council to the Contractor; 17.10.2 comply with all requirements of the Work Health and Safety Act 2012 (SA) and any

regulations made under it; 17.10.3 comply with any reasonable requests of the Council in relation to the Contractor’s

performance of its obligations pursuant to this agreement; and 17.10.4 promptly notify the Council of any accident, injury, property or environmental damage

of any potential breach of any law (reportable incident) that occurs during or as a result of this agreement. Within 24 hours of a reportable incident, the Contractor must provide a report to the Council’s Representative giving complete details, including the results of investigations into its cause and recommendations or strategies for prevention in the future.

17.11 ICAC

The Contractor acknowledges and agrees that by entering into this agreement with the Council the Contractor will be considered to be a public officer for the purposes of the Independent Commissioner Against Corruption Act, 2012 (SA) (ICAC Act) and is obliged to comply with the ICAC Act and the Directions and Guidelines issued pursuant to the ICAC Act.

18. Goods and Services Tax

18.1 Consideration does not include GST

Unless specifically described as 'GST inclusive', any payment or consideration under this agreement does not include GST.

18.2 Gross up of consideration

Where a supply by a Supplier to a Recipient under this agreement is subject to GST (other than a supply specifically described as 'GST inclusive'):

18.2.1 the expressed consideration for that supply must be increased by, and the Recipient must pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply; and

18.2.2 the Recipient must pay that additional amount at the same time and in the same manner as the expressed consideration.


18.3 Reimbursements

If a payment to a party under this agreement is a reimbursement or indemnification of an expense or other liability incurred or to be incurred by that party, then the amount of the payment must be reduced by the amount of any input tax credit to which that party is entitled for that expense or other liability, such reduction to be effected before any increase in accordance with the previous subclause.

18.4 Tax invoices

Notwithstanding any other provision of this agreement, the Recipient need not make any payment for a taxable supply made by the Supplier under this agreement until the Supplier has given the Recipient a tax invoice in respect of that taxable supply.

18.5 Adjustments

If an adjustment event has occurred in respect of a taxable supply made under this agreement, any party that becomes aware of the occurrence of that adjustment event must notify each other party to that taxable supply as soon as practicable, and all of those parties agree to take whatever steps are necessary (including to issue an adjustment note), and to make whatever adjustments are required, to ensure that any GST or additional GST on that taxable supply, or any refund of GST (or part thereof), is paid no later than 28 days after the Supplier first becomes aware that the adjustment event has occurred.

19. Notices

19.1 A Notice must be:

19.1.1 in writing, in English and signed by a person authorised by the sender; and

19.1.2 hand delivered or sent by pre paid post or facsimile or electronic communication to the recipient’s address or facsimile number specified in the Schedule, as varied by any Notice given by the recipient to the sender.

19.2 A Notice is deemed to be received:

19.2.1 if hand delivered, on delivery;

19.2.2 if sent by prepaid post, two business days after posting (or seven business days after posting if posting to or from a place outside Australia);

19.2.3 if sent by facsimile, at the time and on the day shown in the sender’s transmission report, if it shows that the entire Notice was sent to the recipient’s facsimile number last Notified by the recipient to the sender;

19.2.4 if sent by electronic communication, at the time deemed to be the time of receipt under the Electronic Transactions Act 1999 (Cth) if the notice was being given under a Law of the Commonwealth of Australia.

19.3 However if the Notice is deemed to be received on a day that is not a business day or after 5:00pm, the Notice is deemed to be received at 9:00am on the next business day.


20. Costs

Each party must pay its own costs of preparing this agreement and any document required by it.


Annexure A Services

The cleaning of Council buildings and toilets as per the follow specifications:

Specification 1 Council Administrative Building

Specification 2 CAFHS Room

Specification 3 Library & Visitor Information Centre Building

Specification 4 Works Depot Lunch & Amenities Room

Specification 5 Public Toilets


SPECIFICATION 1: Council Administration Building

1. General Description of Premises Council’s Administration Centre including Council Chamber & kitchen. Location: Royal Circus, Robe 5276

2. Cleaning Standards

The Contractor is required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.

AREA/ DESCRIPTION FREQUENCY

Floors swept or vacuumed clean (including under movable items)

Twice weekly

Furniture and equipment, including all tables, benches, sinks, appliances and equipment.

Twice weekly

Computer monitors, keyboards, telephones and other electronic equipment, dusted to be free of dust, no chemical cleaning aids to be applied

Twice weekly

Toilet wet areas floors walls, fittings, basin, benches, pans, and urinal cleaned and sanitized.

Twice weekly

Empty all litter bins and shredding machine[s] into 240L Mobile Garbage Bins (MGB) recyclables and general waste into 140L mobile garbage bin.

Twice weekly

Walls (including surfaces, ledges, fixtures, picture frames, tiles and skirting boards) Glass doors, including front, side and passage

Weekly

Hard floor areas washed and polished Monthly

Windows and surrounds (inside & out) Quarterly

Light fittings, shades, reflectors, diffusers Quarterly

Telephone handsets, cleaned and sanitised Quarterly

3. Specific Requirements

Council Chamber - Cutlery and crockery is to washed and placed in appropriative cupboards or storage area, if empty beverage containers are on benches and/or tables place in recycling bin.

Lunchroom - Any cutlery and crockery is to be washed and placed away.

Breakages - Report all repairs and breakages to the Council.


4. Timing and Frequency

Cleaning of the Council Administration Building will be performed as per the Schedule at Item 2 once between the hours of 6:00pm Wednesday and 7:00 am Thursday and once between the hours of 6:00pm Friday and 7:00am Monday.

21. 5. Equipment and Materials

The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s administration building. Material Safety Data Sheets (MSDS) must be provided to Council before storage and use of chemicals.

6. WHS

The contractor will comply with the requirements Council’s WHS Contractor Management Tender Document as a minimum at all times.

7. General The Contractor is compelled to maintain total confidentiality of all information or activities at the Robe Council Office.


SPECIFICATION 2: CAFHS Room

1. General Description of Premises Child, Adolescent Mental Health Services Room (CAFHS Room) Location: Royal Circus, Robe 5276

2. Cleaning Standards The Contractor is required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.



monthly

Furniture and equipment (including all tables, benches, sinks, appliances and technical equipment) including computer monitors, keyboards and other electronic equipment.

monthly

Walls (including surfaces, ledges, fixtures, picture frames, tiles and skirting boards)

monthly

Rubbish Bins & Paper- empty all litter bins into 240 Mobile Garbage Bins (MGB) recyclables and general waste into 140litre mobile garbage bin.

monthly

Wet areas, Toilet hand-basins cleaned and sanitised monthly

Window glass, doors (inside and out) quarterly

Light shades reflectors and deflectors quarterly

Telephone handsets quarterly



4. Timing and Frequency Cleaning of the CAFHS building will be performed every second week in each month at a time to coincide with the cleaning of the Council office.

5. Equipment and Materials The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s Administration office. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals.

6. WHS The contractor will comply with the requirements Council’s WHS Contractor Management Tender Document as a minimum at all times.

7. General The Contractor is compelled to maintain total confidentiality of all information or activities at CAFHS.


SPECIFICATION 3: Library and Visitor Information Centre Building

1. General Description of Premises Library and Visitor Information Centre Building including the Kathleen Browne Room Location: Mundy Terrace, Robe

(NOT to include the Main Hall Area and Hall Kitchen)


You will be required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.

Area/ Description Frequency

Floors vacuumed or swept and washed (including under movable items) Additional cleaning from 26th December until and including the following Easter weekend.

Weekly Twice weekly

Furniture and equipment (including all tables, benches, sinks, appliances and technical equipment)

weekly

Computer monitors, keyboards and other electronic equipment. (to be wiped over with a clean cloth with no chemicals)

weekly


weekly

Toilet wet areas floors and walls, fittings basin, benches, pans, and urinal clean and sanitise. Additional cleaning from 1st September until 25th December Additional cleaning from 26th December until and including the following Easter Weekend.

Weekly Twice weekly Three to Four time weekly (every other day)

Hard floor areas washed & polished

weekly

Glass entrance doors and windows (including main and side entrance)

weekly

Windows (north facing wall in Library, and Kathleen Browne Room)

quarterly



Lunchroom - Cutlery and crockery is not to be washed or placed away. Breakages - Report all repairs and breakages to the Library/Vic Manager and Works Supervisor.


4. Timing and Frequency Cleaning of the Library/Visitor Information Centre will be performed as per the Schedule at Item 2 between the hours of 6:00pm and 6:00am on a day agreed between Council and the contractor.

5. Equipment and Materials

The contract is required to provide all necessary equipment and materials to execute this contract. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals. Appropriate safety equipment must be worn at all times

6. OHS&W


7. General

The Contractor is compelled to maintain total confidentiality of all information or activities at the Library/Visitor Information Centre.


Specification 4: Works Depot Lunch & Amenities Room

1. General Description of Premises

Robe Council Works Depot Lunch & Amenities Room Location: Robe Street, Robe SA 5276.


You are required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.


Floors to be swept or vacuumed clean and washed (including under movable items)

Weekly

Furniture and equipment, including all tables, benches, sinks, appliances machines and equipment.

Weekly

Toilet & Shower wet areas floors, walls and fittings basin, benches, pans, and urinal clean and sanitise.

Weekly

Window glass and internal glass doors quarterly

Light (shades, reflectors and diffusers)

quarterly

3. Specific Requirements Breakages - Report all repairs and breakages to the Council.

4. Timing and Frequency Cleaning of the Robe Council Works Depot Lunch & Amenities room will be performed as per the Schedule at Item 2 between the hours of 7:30am to 4:00pm on a day Monday to Friday, agreed between Council and the Contractor.

5. Equipment and Materials The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s Administration office. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals. Appropriate safety equipment must be worn at all times.


7. General The Contractor is compelled to maintain total confidentiality of all information or activities at the Robe Council works depot.


SPECIFICATION 5: Public Toilets


District Council of Robe Public Toilets Location: Various, see below & attached maps for site locations 1. Lipson Park (1 tank toilet) 2. Yacht Club car park (2 tank toilets) 3 Foreshore Toilets, Mundy Terrace 4 Amateur boat car park (1 tank toilet) 5 Tennis Club/Skate Park Toilets 6 Marina Toilets 7 Long Beach Toilets, The Esplanade 8 Ski Lake Toilets 9 Lannum Park Toilets (tank toilet) 10 Jenny Mathews Playground Toilet 11 Third Ramp (Long Drop) 12 Jumbo’s Landing – not yet operational




Floors, wet areas and entry area washed and sanitised.

Each clean

Toilet & Shower area and fittings, basin, benches, pans, and urinal) clean and sanitised.

Each clean

Doors and Window glass quarterly


quarterly

3. Specific Requirements Consumables - Maintain a supply of toilet paper to ensure an uninterrupted supply and liquid soap where a dispenser is installed. Breakages - Report all repairs and breakages to the Council.

4. Timing and Frequency Routine Cleaning: Monday, Wednesday, Friday of each week [including if these days fall on a public holiday] Additional programmed cleaning: From the 26th December until 31st January, seven days a week.


Foreshore Toilets – Sunday from 1st February until 30th April Easter - Saturday, Sunday, Monday. Public Holiday long week ends Sunday including June long weekend. Additional event cleaning: Special Events Weddings etc. as required (generally busier during the summer off-peak period i.e. outside school holiday period). Council undertakes to provide as much notice as possible when events are to occur, at the least Council will provide seven (7) days’ notice. Cleaning can be undertaken at a time suitable to the contractor, but every effort should be used to avoid peak usage times.

5. Equipment and Materials The contractor is required to provide all necessary equipment, materials and consumable s to execute this contract. No storage is available. Material Safety Data Sheet (MSDS) must be provided to Council before use of chemicals. Appropriate safety equipment must be worn at all times.


7. General The Contractor is compelled to maintain total confidentiality of all information or activities of the District Council of Robe. The Contractor is to advise the contract supervisor of any damage or defect [e.g. leaks, vandalism etc.] that is apparent at the earliest possible opportunity.


Annexure B Fee

Description of Services Cleaning

Price (exclusive of GST) $

Other Pricing Detail (if applicable):

Price to be increased annually on 1 July by the Adelaide CPI.

Proposed Start Date: 1 July 2017

Proposed Completion Date: 30 June 2020

[


Annexure C Special Conditions


EXECUTED as an agreement

By the Council

SIGNED by Chief Executive Officer under delegated authority in the presence of:

Signature

Signature of witness

Name of witness (print)

The common seal of [Insert Company name] was affixed in accordance with its Constitution and by the authority of its directors:

Director

Director/Secretary


Executed by [Insert Company name] in accordance with section 127(1) of the Corporations Act by the authority of its directors:

Signature of Director

Signature of Director/Secretary

Name of Director (print)

Name of Director/Secretary (print)

Signed by [insert name] in the presence of:

Signature




Partner 1:



Signature of partner


Address of witness (print)

Partner 2:



Signature of partner


Address of witness (print)

DISTRICT COUNCIL OF ROBE

TENDER FOR CLEANING

REQUEST FOR TENDERS

TABLE OF CONTENTS Page No

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1. STRUCTURE OF THIS RFT ........................................................................................ 2 2. SECTION A – BACKGROUND & GENERAL INFORMATION ...................................... 3 3. SECTION B – CONDITIONS OF TENDERING ............................................................ 4 4. GOVERNING LAW .................................................................................................... 14 5. SECTION C – AGREEMENT FOR SERVICES .......................................................... 15 6. SECTION D –SPECIFICATIONS FOR THE SERVICES ............................................ 16 7. SECTION E – TENDER RESPONSE SCHEDULES .................................................. 27 SCHEDULE 1 TENDER FORM - FORMAL OFFER ............................................... 28 SCHEDULE 2 TENDERER'S DETAILS ................................................................. 31 SCHEDULE 3 LICENCES AND ACCREDITATION................................................ 32 SCHEDULE 4 INSURANCE ................................................................................... 33 SCHEDULE 5 OCCUPATIONAL HEALTH & SAFETY & RISK MANAGEMENT .... 34 SCHEDULE 6 CONFLICT OF INTEREST ............................................................. 37 SCHEDULE 7 REFEREES .................................................................................... 38 SCHEDULE 8 STATEMENT OF CONFORMITY ................................................... 39 SCHEDULE 9 ORGANISATION STRUCTURE, FACILITIES AND RESOURCES . 40 SCHEDULE 10 EXPERIENCE ................................................................................. 41 SCHEDULE 11 PRICING ......................................................................................... 42

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1. STRUCTURE OF THIS RFT

This RFT is comprised of five sections, being:

1.1 Section A - Background and General Information to Tenderers

1.2 Section B - Conditions of Tendering

1.3 Section C - Agreement for Services

1.4 Section D - Specification

1.5 Section E - Tender Response Schedules

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2. SECTION A – BACKGROUND & GENERAL INFORMATION

2.1 District Council of Robe (the Council) invites Tenders from Tenderers for the cleaning of Council buildings and toilets (the Services) as detailed in the Specification contained within this RFT. The Council will enter into an Agreement for Services with the successful Tenderer.

2.2 All commercial terms and conditions are in accordance with this request for tender and Agreement contained within.

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3. SECTION B – CONDITIONS OF TENDERING

3.1 Definitions

In this RFT, the following terms shall, unless inconsistent with the context, have the meanings indicated:

3.1.1 A reference to a clause is a reference to a clause of this RFT.

3.1.2 Closing Date means the time and date specified in clause 3.2.3, or such later time and date as may be notified in writing to Tenderers by the Council.

3.1.3 Conditions of Tendering means these Conditions of Tendering as attached to Section B of this RFT.

3.1.4 Conforming Tender means a Tender described in clause 3.5.1.

3.1.5 Agreement for Services means the Agreement for the provision of the Services as attached to Section C of this RFT, as may be subsequently amended by agreement between the Council and the successful Tenderer pursuant to clause 3.9.

3.1.6 Nominated Contact Person means the person named in clause 3.3.1.

3.1.7 Non-Conforming Tender means a Tender does not meet the requirements set out in this RFT and/or the Tender Documents.

3.1.8 Preferred Tenderer means the Tenderer referred to in clause 3.9.

3.1.9 RFT means this Request for Tender.

3.1.10 Services means the services sought to be purchased by the Council pursuant to this RFT.

3.1.11 Specification means the specifications specified in Section D of this RFT.

3.1.12 Tender means a tender submitted by a Tenderer pursuant to this RFT.

3.1.13 Tender Documents means the documents specified in clause 3.2.1.

3.1.14 Tender Process means the process for calling, receiving, evaluating and awarding of Tender(s) as proposed in clauses 3.2.7 and 3.2.8 of these Conditions of Tendering.

3.1.15 Tender Response Schedules are the forms attached to Section E of this RFT.

3.1.16 Tenderer has the meaning given to it in clause 3.2.2.

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3.1.17 Tenderer’s Representative means the person nominated by a Tenderer under clause 3.3.2.

3.2 Request for Tender

The Council seeks Tenders from Tenderers for the provision of the Services, which are further described in the Tender Documents.

3.2.1 Tender Documents

The Tender Documents are comprised of:

3.2.1.1 these Conditions of Tendering;

3.2.1.2 the Agreement for Services;

3.2.1.3 the Specifications; and

3.2.1.4 the Tender Response Schedules.

3.2.2 Obtaining a Copy of this RFT

The Council seeks submission of tenders from suitably qualified tenderers for the provision of the Services (each such party is a Tenderer). Parties obtaining a copy the Tender Documents will be required to register their name and contact details at the time of issue of the documents.

3.2.3 Lodgement of Tenders

3.2.2.1 Tenders must be delivered to the Tender Box at the Council prior to 5.00pm on Tuesday 6 June 2017 (the Closing Date).

3.2.2.2 Applications must be enclosed in an envelope and marked “CONFIDENTIAL” and be addressed as follows:

Tender Box Tender T03-2017 Cleaning District Council of Robe Royal Circus (PO Box 1) Robe Closing Date: 5.00pm Tuesday 6 June 2017

Tenderers are required to lodge an original Tender (including copies of all supporting documentation).

3.2.2.3 Facsimile transmissions of Tenders will not be accepted.

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3.2.4 Late Tenders

Tenders received after the Closing Date WILL NOT be considered or accepted.

3.2.5 Extension of Time for the Submission of Tenders

3.2.5.1 The Council may, in its absolute discretion, no less than two business days before the Closing Date, extend the Closing Date by notice in writing to the Tenderers.

3.2.5.2 A Tenderer may request the Council to extend the Closing Date for the submission of a Tender by written application to the Nominated Contact Person.

(a) Any such requests must be received by the Nominated Contact Person at least five business days prior to the Closing Date, and must provide sufficient reasons to support the request.

(b) It is entirely at the Council’s discretion as to whether an extension is granted.

3.2.6 Tender Validity Period

3.2.6.1 All Tenders will remain open for acceptance by the Council for a period of not less than three months after the Closing Date.

3.2.6.2 Once submitted, a Tenderer cannot withdraw its Tender without the prior written consent of the Council, unless the Tender is withdrawn in writing before the Closing Date.

3.2.7 Proposed Tender Process

All Tenders will be opened in the presence of Council’s Chief Executive Officer and Deputy Chief Executive Officer after the closing date for tenders has passed.

Tenders will be assessed in accordance with the Tender Evaluation 3.8 by Council’s Chief Executive Officer and Deputy Chief Executive Officer, with the comprehensive assessment and tender documentation presented to Council for consideration and decision.

Council is not bound to accept the lowest Tender or required to accept any tender (in accordance with condition of tendering 3.6).

3.2.8 Proposed Timing of Tender Process

The proposed timing for the Tender Process is as follows:

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Request for Tenders 8 May 2017

Closing Date 6 June 2017

Notification to successful Tenderer 16 June 2017

(indicative)

Execution of Agreement for Services

23 June 2017

(indicative)

Commencement of Provision of Services

1 July 2017

(indicative)

3.2.9 Copying Tenders

Tenderers must not use this RFT or the RFT Documents (including any attached technical and other written information supplied by the Council) for any purpose other than to prepare a Tender. This includes not copying this RFT or the RFT Documents (including any attached technical and other written information supplied by the Council) and providing a copy to any third party not involved in the preparation of a Tender.

3.3 Communication between the Parties

3.3.1 Enquiries or Requests for Information or Clarification

3.3.1.1 Any enquiries or requests for information or clarification regarding this RFT or the Tender Documents must be made in writing and addressed to the Nominated Contact Person.

The Nominated Contact Person is: Mr Nick Brown Deputy Chief Executive Officer.

3.3.1.2 The Nominated Contact Person may (but is not obligated to) respond to a Tenderer’s enquiries or requests for information or clarification.

3.3.1.3 If the Council provides any information to a Tenderer by way of clarification, then the Council reserves the right to provide that information to other Tenderers.

3.3.1.4 No statement made by the Nominated Contact Person, or any other representative of the Council should be construed as modifying this RFT or any of the Tender Documents, unless confirmed in writing by the Nominated Contact Person.

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3.3.2 Tenderer’s Contact Person

3.3.2.1 Tenderers are required to nominate a person to be the authorised contact person and supply an address for the service of any notices for the purpose of this RFT (Tenderer’s Representative).

3.3.2.2 All communication with the Tenderer will be via the Tenderer’s Representative.

3.3.3 Site Briefing

3.3.3.1 The Council may conduct a site briefing. The briefing (if conducted) is intended to provide Tenderers with background information, and Tenderers are not to treat any statements made at the briefing as variations to this RFT.

3.3.3.2 The Council reserves the right to require all Tenderers to attend the site briefing.

3.3.3.3 Details of the briefing will be provided to Tenderers at least seven business days prior to the briefing. Tenderers may be notified of the site briefing by email, and Council may post the details of the briefing on the internet.

3.3.3.4 Each attending Tenderer must advise the Nominated Contact Person of the details of that Tenderer’s attendees (including name and position) at least two business days before the briefing.

3.3.4 Tenderer not to solicit the Council and its employees

The Tenderer and its representatives must not interfere or attempt to interview or to discuss its Tender with Councillors or employees of the Council, other than the Nominated Contact Person. The Council reserves the right to reject any Tender submitted by a Tenderer which contravenes this clause.

3.4 Tender Preparation

3.4.1 Tenderers to be informed

Each Tenderer must, prior to submitting its Tender, become acquainted with the nature and extent of the Services to be undertaken, and make all necessary examinations, investigations, inspections and deductions.

3.4.2 Evidence of Registration or Licensing

Each Tenderer must (if applicable) be licensed or registered to perform the Services.

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3.4.3 Conflict of Interest

Tenderers must inform Council of any circumstances or relationships which will constitute a conflict or potential conflict of interest if the Tenderer is successful. If any conflict or potential conflict exists, the Tenderer must advise how it proposes to address this.

3.4.4 Use of Sub-Contractors

Where a Tenderer proposes to use resources from organisations other than the Tenderer itself, substantial information relating to the contractual arrangements for such resources must be detailed in the Tender, together with information on the relevant experience of such other organisation.

3.4.5 Ombudsman Act

Tenderers should be aware that the Ombudsman Act 1972 (SA) has been amended so that the definition of “administrative act” under that Act includes an act done in the performance of functions under an Agreement for services with a Council. That Act also includes powers enabling the Ombudsman to investigate matters in the public interest. The Tenderer must ensure compliance with all obligations arising under that Act and any other applicable legislation.

3.4.6 Freedom of Information

Tenders should be aware that the Freedom of Information Act 1991 (SA) (FOI Act) gives members of the public rights to access documents of the Council. The FOI Act promotes openness in governance and accountability of government agencies and confers the public with a legally enforceable right to be given access to documents, including Agreements entered into by the Council, except those Agreements or provisions which should be kept confidential for public interest purposes, the preservation of personal privacy or are commercial in confidence.

3.4.7 Collusion

The Tenderer must not collude with any other Tenderers or potential Tenderers.

3.4.8 Tenderer’s confidential information

3.4.8.1 Subject to clauses 3.4.8.2 and 4, the Council will treat as confidential all Tenders submitted by Tenderers in connection with this RFT.

3.4.8.2 The Council will not be taken to have breached any obligation to keep information provided by Tenderers confidential to the extent that the information:

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(a) is disclosed by the Council to its advisers, officers, employees or subcontractors solely in order to conduct the RFT process or to prepare and manage any resultant agreement;

(b) is disclosed to the Council’s internal management personnel, solely to enable effective management or auditing of the RFT process;

(c) is disclosed by the Council to the responsible Minister;

(d) is authorised or required by law to be disclosed; or

(e) is in the public domain otherwise than due to a breach of the relevant obligations of confidentiality.

3.5 Tender Documents

3.5.1 Conforming Tenders

A Conforming Tender is a Tender which meets all of the requirements set out in this RFT and the Tender Documents.

3.5.2 Non-Conforming Tenders

The Council is not required to, but may at its sole discretion, consider an incomplete, informal or a Non-Conforming Tender. Failure to respond to or meet any of the requirements set out in this RFT and the Tender Documents will result in the Tender being deemed a Non-Conforming Tender.

3.5.3 Content of Tenders

3.5.3.1 Tenderers are required to complete the Tender Response Schedules and submit them to the Council.

3.5.3.2 Tenderers can also supply any other additional information or documents. The Council may have reference to such additional information or documents in evaluating the Tenders.

3.5.3.3 All prices quoted by Tenderers in their Tender are:

(a) to be in Australian dollars;

(b) to be exclusive GST; and

(c) (if subject to rise and fall) to provide full details of how the rise and fall applies and the method of determining the price.

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3.5.3.4 If a Tenderer proposes to provide the Services on a basis different to that envisaged by the Tender Documents (whether for reasons of innovation, efficiency or otherwise) that proposal should be fully documented and justified with the Tender. The Council does not warrant that any discussion with the Council’s Nominated Contact Person prior to the Closing Date in relation to such a proposal will be taken into account in evaluating the Tenders.

3.6 Acknowledgement by Tenderers

Tenderers acknowledge that the Council:

3.6.1 makes no representations and offers no undertakings in issuing this RFT or the Tender Documents;

3.6.2 is not bound to accept the lowest Tender or required to accept any Tender;

3.6.3 may accept all or part of any Tender;

3.6.4 may require one or more Tenderers (but is not obliged to require all) to supply further information and/or attend a conference or interview;

3.6.5 may require one or more Tenderers (but is not obliged to require all) to make presentation(s);

3.6.6 may undertake “due diligence” checks on any Tenderer, including verifying references and/or referees, and undertaking company searches and credit checks;

3.6.7 will not be responsible for any costs or expenses incurred by the Tenderer arising in any way from the preparation and submission of its Tender;

3.6.8 accepts no responsibility for a Tenderer misunderstanding or failing to respond correctly to this RFT;

3.6.9 will not be liable for or pay any expenses or losses incurred by any party whether in the preparation of a Tender or prior to the signing of any Agreement for Services or otherwise; and

3.6.10 will not be bound by any verbal advice given or information furnished by any member, officer or agent of the Council in respect of the Tender Documents or this RFT, but will only be bound only by written advice provided by the Nominated Contact Person.

3.7 Council’s Rights

The Council reserves the right to:

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3.7.1 amend, vary, supplement or terminate this RFT at any time;

3.7.2 accept or reject any Tender, including the lowest price tender;

3.7.3 negotiate with any service provider on all or any part of the Services to be supplied pursuant to this RFT;

3.7.4 vary the timing and process referred to in clauses 3.2.7 and 3.2.8;

3.7.5 postpone or abandon this RFT;

3.7.6 add or remove any Tenderer;

3.7.7 accept or reject any Tenders whether or not they are Conforming Tenders;

3.7.8 accept all or part of any Tender;

3.7.9 negotiate or not negotiate with one or more Tenderers; and/or

3.7.10 discontinue negotiations with any Tenderer.

3.8 Tender Evaluation

3.8.1 In assessing Tenders, the Council will have regard to, but not necessarily be limited to, the following criteria (not listed in any order of priority):

3.8.1.1 insurance;

3.8.1.2 compliance with Work Health and Safety;

3.8.1.3 the tendered prices, including the proposed pricing structure;

3.8.1.4 the level of risk associated with negotiation of an acceptable Agreement for Services;

3.8.1.5 environmental management systems (if applicable);

3.8.1.6 degree of compliance with the requirements set out in this RFT and the Tender Documents; and

3.8.1.7 such other matters that Council considers relevant, including:

(a) details of current and previous relevant experience in the provision of the Services;

(b) the provision of any aspect of the Services by sub-contractors (if applicable);

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(c) financial resources;

(d) staff resources; and

(e) current and future Agreements/workload.

3.8.2 Use of Tender Documents

The Council may use, retain and copy any information contained in the Tenders for the evaluation of Tenders and for the finalisation of the provisions of the Agreement for Services.

3.8.3 Debriefing of Tenderers

If requested, Tenderers may be debriefed against the Council’s evaluation criteria. Tenderers will not be provided with information concerning other Tenderers, apart from publicly available information. No comparison with other Tenders will be made.

3.9 Acceptance of Tender

3.9.1 The Council reserves the right to negotiate different terms and conditions for the Agreement for Services with any one or more Tenderers (each referred to as a Preferred Tenderer).

3.9.2 The Council and the Preferred Tenderer may (if required) enter into negotiations for the award and execution of an Agreement for Services.

3.9.3 If, despite their best endeavours and acting in good faith, the Council and the Preferred Tenderer are unable to negotiate and agree on the terms of the Agreement for Services, the Council reserves the right to negotiate with any other parties, including other Tenderers, for the provision of the Services.

3.9.4 The successful Tenderer will be notified in writing by the Council of the Council’s acceptance of its Tender. The successful Tenderer must not make any oral or written public statements in relation to the awarding of an Agreement for Services until written notice is received by the Tenderer.

3.9.5 The notification of the acceptance of Tender by the Council creates an obligation on the Council and the successful Tenderer to enter into the Agreement for Services (subject to any variations agreed pursuant to this clause 3.9).

3.9.6 The successful Tenderer acknowledges and agrees that all intellectual property created by the successful Tenderer arising out of the provision of the Services belongs to the Council, and the successful Tenderer will do all reasonable things necessary to assist the Council

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in the protection and transfer of ownership of the intellectual property resulting from the provision of the Services.

3.10 Unsuccessful Tenders

Unsuccessful Tenderers must, if required by the Council, return the Tender Documents to the Council, once they have been advised that their Tender is unsuccessful.

3.11 No Legal Requirement

The issue of this RFT or any response to it does not commit, obligate or otherwise create a legal obligation on the Council to purchase the Services from the Tenderers.

4. GOVERNING LAW

4.1 This RFT is governed by the law in South Australia.

4.2 The parties irrevocably submit to the exclusive jurisdiction of the courts in South Australia.

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5. SECTION C – AGREEMENT FOR SERVICES

The proposed Agreement document is contained as an attachment.

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6. SECTION D –SPECIFICATIONS FOR THE SERVICES

Council is seeking tenders for a three (3) year term contract for the cleaning of Council buildings and toilets as per the follow specifications:

Specification 1 Council Administrative Building

Specification 2 CAFHS Room

Specification 3 Library & Visitor Information Centre Building

Specification 4 Works Depot Lunch & Amenities Room

Specification 5 Public Toilets

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SPECIFICATION 1: Council Administration Building

1. General Description of Premises Council’s Administration Centre including Council Chamber & kitchen. Location: Royal Circus, Robe 5276


The Contractor is required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.



Twice weekly

Furniture and equipment, including all tables, benches, sinks, appliances and equipment.

Twice weekly

Computer monitors, keyboards, telephones and other electronic equipment, dusted to be free of dust, no chemical cleaning aids to be applied

Twice weekly

Toilet wet areas floors walls, fittings, basin, benches, pans, and urinal cleaned and sanitized.

Twice weekly

Empty all litter bins and shredding machine[s] into 240L Mobile Garbage Bins (MGB) recyclables and general waste into 140L mobile garbage bin.

Twice weekly

Walls (including surfaces, ledges, fixtures, picture frames, tiles and skirting boards) Glass doors, including front, side and passage

Weekly

Hard floor areas washed and polished Monthly

Windows and surrounds (inside & out) Quarterly

Light fittings, shades, reflectors, diffusers Quarterly

Telephone handsets, cleaned and sanitised Quarterly


Council Chamber - Cutlery and crockery is to washed and placed in appropriative cupboards or storage area, if empty beverage containers are on benches and/or tables place in recycling bin.

Lunchroom - Any cutlery and crockery is to be washed and placed away.


4. Timing and Frequency

Cleaning of the Council Administration Building will be performed as per the Schedule at Item 2 once between the hours of 6:00pm Wednesday and 7:00 am Thursday and once between the hours of 6:00pm Friday and 7:00am Monday.

7. 5. Equipment and Materials

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The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s administration building. Material Safety Data Sheets (MSDS) must be provided to Council before storage and use of chemicals.

6. WHS


7. General The Contractor is compelled to maintain total confidentiality of all information or activities at the Robe Council Office.

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SPECIFICATION 2: CAFHS Room

1. General Description of Premises Child, Adolescent Mental Health Services Room (CAFHS Room) Location: Royal Circus, Robe 5276

2. Cleaning Standards The Contractor is required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.



monthly

Furniture and equipment (including all tables, benches, sinks, appliances and technical equipment) including computer monitors, keyboards and other electronic equipment.

monthly


monthly

Rubbish Bins & Paper- empty all litter bins into 240 Mobile Garbage Bins (MGB) recyclables and general waste into 140litre mobile garbage bin.

monthly

Wet areas, Toilet hand-basins cleaned and sanitised monthly

Window glass, doors (inside and out) quarterly

Light shades reflectors and deflectors quarterly




4. Timing and Frequency Cleaning of the CAFHS building will be performed every second week in each month at a time to coincide with the cleaning of the Council office.

5. Equipment and Materials The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s Administration office. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals.


7. General The Contractor is compelled to maintain total confidentiality of all information or activities at CAFHS.

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SPECIFICATION 3: Library and Visitor Information Centre Building

1. General Description of Premises Library and Visitor Information Centre Building including the Kathleen Browne Room Location: Mundy Terrace, Robe

(NOT to include the Main Hall Area and Hall Kitchen)


You will be required to maintain the following items, areas and surfaces to be free of dust, scuff marks, litter, spillages, stains, encrustations, finger marks, soiling, and cobwebs.


Floors vacuumed or swept and washed (including under movable items) Additional cleaning from 26th December until and including the following Easter weekend.

Weekly Twice weekly

Furniture and equipment (including all tables, benches, sinks, appliances and technical equipment)

weekly

Computer monitors, keyboards and other electronic equipment. (to be wiped over with a clean cloth with no chemicals)

weekly


weekly

Toilet wet areas floors and walls, fittings basin, benches, pans, and urinal clean and sanitise. Additional cleaning from 1st September until 25th December Additional cleaning from 26th December until and including the following Easter Weekend.

Weekly Twice weekly Three to Four time weekly (every other day)

Hard floor areas washed & polished

weekly

Glass entrance doors and windows (including main and side entrance)

weekly

Windows (north facing wall in Library, and Kathleen Browne Room)

quarterly



Lunchroom - Cutlery and crockery is not to be washed or placed away. Breakages - Report all repairs and breakages to the Library/Vic Manager and Works Supervisor.

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4. Timing and Frequency Cleaning of the Library/Visitor Information Centre will be performed as per the Schedule at Item 2 between the hours of 6:00pm and 6:00am on a day agreed between Council and the contractor.

5. Equipment and Materials

The contract is required to provide all necessary equipment and materials to execute this contract. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals. Appropriate safety equipment must be worn at all times

6. OHS&W


7. General

The Contractor is compelled to maintain total confidentiality of all information or activities at the Library/Visitor Information Centre.

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Specification 4: Works Depot Lunch & Amenities Room


Robe Council Works Depot Lunch & Amenities Room Location: Robe Street, Robe SA 5276.




Floors to be swept or vacuumed clean and washed (including under movable items)

Weekly

Furniture and equipment, including all tables, benches, sinks, appliances machines and equipment.

Weekly

Toilet & Shower wet areas floors, walls and fittings basin, benches, pans, and urinal clean and sanitise.

Weekly

Window glass and internal glass doors quarterly


quarterly

3. Specific Requirements Breakages - Report all repairs and breakages to the Council.

4. Timing and Frequency Cleaning of the Robe Council Works Depot Lunch & Amenities room will be performed as per the Schedule at Item 2 between the hours of 7:30am to 4:00pm on a day Monday to Friday, agreed between Council and the Contractor.

5. Equipment and Materials The contractor is required to provide all necessary equipment and materials to execute this contract. A store room is available for storage of cleaning products, consumables and equipment at Council’s Administration office. Material Safety Data Sheet (MSDS) must be provided to Council before storage and use of chemicals. Appropriate safety equipment must be worn at all times.


7. General The Contractor is compelled to maintain total confidentiality of all information or activities at the Robe Council works depot.

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SPECIFICATION 5: Public Toilets


District Council of Robe Public Toilets Location: Various, see below & attached maps for site locations 1. Lipson Park (1 tank toilet) 2. Yacht Club car park (2 tank toilets) 3 Foreshore Toilets, Mundy Terrace 4 Amateur boat car park (1 tank toilet) 5 Tennis Club/Skate Park Toilets 6 Marina Toilets 7 Long Beach Toilets, The Esplanade 8 Ski Lake Toilets 9 Lannum Park Toilets (tank toilet) 10 Jenny Mathews Playground Toilet 11 Third Ramp (Long Drop) 12 Jumbo’s Landing – not yet operational




Floors, wet areas and entry area washed and sanitised.

Each clean

Toilet & Shower area and fittings, basin, benches, pans, and urinal) clean and sanitised.

Each clean

Doors and Window glass quarterly


quarterly

3. Specific Requirements Consumables - Maintain a supply of toilet paper to ensure an uninterrupted supply and liquid soap where a dispenser is installed. Breakages - Report all repairs and breakages to the Council.

4. Timing and Frequency Routine Cleaning: Monday, Wednesday, Friday of each week [including if these days fall on a public holiday]

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Additional programmed cleaning: From the 26th December until 31st January, seven days a week. Foreshore Toilets – Sunday from 1st February until 30th April Easter - Saturday, Sunday, Monday. Public Holiday long week ends Sunday including June long weekend. Additional event cleaning: Special Events Weddings etc. as required (generally busier during the summer off-peak period i.e. outside school holiday period). Council undertakes to provide as much notice as possible when events are to occur, at the least Council will provide seven (7) days’ notice. Cleaning can be undertaken at a time suitable to the contractor, but every effort should be used to avoid peak usage times.

5. Equipment and Materials The contractor is required to provide all necessary equipment, materials and consumable s to execute this contract. No storage is available. Material Safety Data Sheet (MSDS) must be provided to Council before use of chemicals. Appropriate safety equipment must be worn at all times.


7. General The Contractor is compelled to maintain total confidentiality of all information or activities of the District Council of Robe. The Contractor is to advise the contract supervisor of any damage or defect [e.g. leaks, vandalism etc.] that is apparent at the earliest possible opportunity.

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7. SECTION E – TENDER RESPONSE SCHEDULES

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Schedule 1 Tender Form - Formal Offer I/We (Tenderer) on having read, understood and fully informed myself/ourselves/itself of the contents, requirements and obligations of the Request for Tender, do hereby tender to provide and complete the Services described in the Specifications in accordance with the Agreement for the amounts set out in the Tender Return Schedules attached. The Tenderer: 1. is subject to the terms and conditions set out in the Conditions of Tendering;

2. irrevocably offers to perform the Services on the terms of the Agreement and the Specifications which form part of the Tender Documents subject only to the variations set out in Schedule ;

3. confirms that this Tender has been prepared without any consultation, communication, agreement or other arrangement with any competitor regarding:

3.1 prices or methods, factors or formulae used to calculate prices;

3.2 the intention or decision to submit a Tender, or the terms of the Tender;

3.3 the submission of a Non Conforming Tender; and

3.4 the quality, quantity, specifications or particulars of the Services; and

4. holds this offer open and capable of acceptance by the Council for a period of 90 days from the closing date.

The undersigned undertakes that if selected as the successful Tenderer, I/we/it will execute and be bound by the Agreement in accordance with the Conditions of Tendering. If the Tenderer is a company, it must execute this Tender as follows: Executed by pursuant to section 127 of the Corporations Act 2001

.............................................................................. Signature of Director .............................................................................. Name of Director (print)

............................................................................. Signature of Director/Company Secretary (Please delete as applicable) ............................................................................. Name of Director/Company Secretary (print)

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Or .............................................................................. Signature of Sole Director and Sole Company Secretary .............................................................................. Name of Sole Director and Sole Company Secretary (print) Or Signed for by an authorised representative in the presence of:

..............................................................................


.............................................................................. Name of witness (print)

.............................................................................

Signature of authorised representative

.............................................................................

Name of authorised representative (print)

.................................................................................

Position of authorised representative (print)

If the Tenderer is an individual, the document must be executed as follows: Signed by

in the presence of:

..............................................................................



............................................................................. Tenderer

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If the Tenderer is a partnership, the Tender must be executed as follows: Partner 1: Signed sealed and delivered by in the presence of:

..............................................................................



.............................................................................. Address of witness (print)

............................................................................. Signature of partner

Partner 2: Signed sealed and delivered by in the presence of:

..............................................................................



.............................................................................. Address of witness (print)

............................................................................. Signature of partner

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Schedule 2 Tenderer's Details

1. Name of Tenderer

State in full the name(s) of the person(s) or the registered name(s) of the company(s) and trading names.

ABN number

2. Contact person

Nominate a contact person for this tender to deal with any questions or queries that may arise.

3. Registered address

4. Postal address

5. Telephone

6. Fax

7. Email

8. Tender conditions

Tenderer to sign that it has read and understood this RFT and the Conditions of Tender.

9. Amendments to Tender Documents

Tenderer to indicate the amendments it requests.

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Schedule 3 Licences and Accreditation List details of any licences or accreditations required or relevant to this Tender.

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Schedule 4 Insurance Provide details of insurance currently held by you and any proposed subcontractor that would be extended to provide cover for work under the Agreement.

Insurance type Policy no Extent of cover Expiry date Name of insurer

Public Liability (Minimum of $10,000,000 required)

Work Cover Certificate

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Schedule 5 Work Health & Safety & Risk Management 1. Tenderer WHS Management System Questionnaire

1.1 WHS policy and management Yes No

(a) Does the Tenderer have a written health and

safety policy?

If yes provide a copy of policy

Comments: .............................................................

...............................................................................

(b) Does the Tenderer have an OHS Management System

manual or plan?

If yes provide a copy of contents page(s)

Comments: .............................................................

...............................................................................

1.2 Safe work practices and procedures

(a) Has the Tenderer prepared safe operating procedures

or specific safety instructions relevant to its operations?

If yes provide a summary listing of procedures or instructions

Comments: .............................................................

...............................................................................

(b) Does the Tenderer have any permit to work systems?

If yes provide a summary listing or permits:

...............................................................................

...............................................................................

(c) Is there a documented incident investigation procedure?

If yes provide a copy of a standard incident report form

(d) Are there procedures for maintaining, inspecting and assessing the hazards of plant operated/owned by

the company?

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If yes provide details:

...............................................................................

...............................................................................

(e) Are there procedures for storing and handling hazardous

substances?


...............................................................................

...............................................................................

(f) Are there procedures for identifying, assessing and

controlling risks associated with manual handling?


...............................................................................

...............................................................................

1.3 WHS training

(a) Is a record maintained of all training and induction

programs undertaken for employees in your company?

1.4 Health and safety workplace inspection

(a) Are regular health and safety inspections at

worksites undertaken?


...............................................................................

...............................................................................

(b) Is there a procedure by which employees can report

hazards at workplaces?


...............................................................................

...............................................................................

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1.5 OHS performance monitoring

(c) Has the company ever been convicted of an occupational

health and safety offence?


...............................................................................

...............................................................................

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Schedule 6 Conflict of Interest Provide details of any interest, relationship or clients which may or do give rise to a conflict of interest and the issue about which that conflict or potential conflict does or may arise.

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Schedule 7 Referees Details of at least one reference for similar work and information on the approximate date when work was completed and the approximate value of work undertaken. Reuse this page if more than one reference is provided.

Client Name: Address: Contact Name: Telephone: Date of Work: Value of Work: Client Name: Address: Contact Name: Telephone: Date of Work: Value of Work:

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Schedule 8 Statement of Conformity If the Tender does not comply with all the requirements of the Tender Documents, the Tenderer must list below all areas of non-conformity, partial conformity or alternative offer and the reasons therefore. The Tender must be read to disregard and render void any area of the Tender which is non-conforming, partially conforming or an alternative offer except to the extent detailed in this Schedule. If any non-compliance is determined to be unacceptable, the Tender may not be further considered. NC = Non-conforming PC = Partial conforming AO = Alternate offer

Area of non-conformity and reason NC/PC/AO

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Schedule 9 Organisation Structure, Facilities and Resources 1. Organisation structure

Number of staff proposed to be used and their relevant qualifications and relevant experience

2. Other details (e.g. specific plant & equipment, vehicles)

3. Proposed subcontractors

Provide details in the Table below the proposed major subcontractors or other representatives to be employed or engaged by the Tenderer. The Tenderer must define the scope and extent of Services to be provided by subcontractors.

Subcontractor’s name and address

Services to be provided Item(s)

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Schedule 10 Experience 1. Past performance

For how many years has the Tenderer engaged in the type of work required by the Agreement?

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Has the Tenderer had an appointment terminated on a project in the last five years. If yes please provide brief details.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Has the Tenderer terminated a project in the last five years. If yes please provide brief details.

____________________________________________________________________

____________________________________________________________________

____________________________________________________________________

Has the Tenderer refused to continue providing services under an Agreement in the last five years unless the terms or payments were changed from those which were originally agreed. If yes please provide brief details.

____________________________________________________________________

____________________________________________________________________

2. Current Agreements

Provide details of current Agreements in a local government environment including the range of services.

____________________________________________________________________

____________________________________________________________________

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Schedule 11 Pricing All prices must be listed exclusive of GST Provide a cost per item for the services. TENDERERS CAN PROVIDE THEIR OWN SCHEDULE WITH COSTS PER ITEM

Description of Services Cleaning Contract

Price (exclusive of GST $

Other Pricing Detail (if applicable):

Proposed Start Date: 1 July 2017

Proposed Completion Date: 30 June 2020

Cleaning Tender T03/ 2017

Robe District Council – Public Toilet Locations

3. Foreshore Toilets

2. Yacht Club Toilets

4. Amateur Boat Car Park Toilets

1. Lipson Park Toilets

5. Tennis Club/ Skate Park Toilets

6. Marina Toilets

Cleaning Tender T03/ 2017

Robe District Council – Public Toilet Locations

9. Lannum Park Toilets 7. Long Beach Toilets

8. Ski Lake Toilets

10. Jenny Mathews Playground Toilets